Yesterday, in a surprising show of party unity, a formal challenge against President Biden’s vaccine mandate under the Congressional Review Act was filed by Republican Senators led
by Senator Mike Braun (Ranking Member of the HELP Subcommittee on Employment and Workplace Safety), Senate Republican Leader Mitch McConnell and their Senate Republican colleagues:
Sen. Dan Sullivan, Sen. Bill Hagerty, Sen. Roger Marshall, Sen. Mike Lee, Sen. James Lankford, Sen. Rick Scott, Sen. Marsha Blackburn, Sen. Rand Paul, Sen. Cynthia Lummis, Sen. Shelley Moore Capito, Sen. Marco Rubio, Sen. John Barrasso, Sen. Cindy Hyde-Smith, Sen. John Thune, Sen. Jerry Moran, Sen. Roger Wicker, Sen. Richard Burr, Sen. Mike Rounds, Sen. John Hoeven, Sen. Pat Toomey, Sen. Tommy Tuberville, Sen. James Risch, Sen. Mike Crapo, Sen. Ted Cruz, Sen. Tom Cotton, Sen. Joni Ernst, Sen. Kevin Cramer, Sen. Josh Hawley, Sen. John Boozman, Sen. Jim Inhofe, Sen. Chuck Grassley, Sen. Todd Young, Sen. John Kennedy, Sen. Ron Johnson, Sen. Ben Sasse. Sen. Steve Daines, Sen. Deb Fischer, Sen. Lindsey Graham, Sen. Thom Tillis, Sen. John Cornyn, Sen. Tim Scott, Sen. Bill Cassidy, Sen. Roy Blunt, and Sen. Richard Shelby.
Even the squishy Sen. Rob Portman, Sen. Susan Collins, Sen. Lisa Murkowski, and Sen. Mitt Romney joined the effort.
Congressman Fred Keller (PA-12) (Ranking Member, Subcommittee on Workforce Protections) and other members in the U.S. House of Representatives introduced the same bill.
"President Biden’s vaccine mandate is an unconstitutional invasion of what should be a personal medical decision for every American and an affront to the rights of 80 million American workers," Braun told Fox News. "Today, my Republican colleagues and I will formally challenge this federal overreach, and I urge the Senate to vote in favor of this disapproval resolution when it comes to the Floor for a filibuster-proof, simple-majority vote in early December."
The Congressional Review Act is the official process for Congress to eliminate an executive branch rule. The resolution has been received by the Senate and referred to the Committee on Health, Education, Labor, and Pensions (HELP).
This move to overturn President Biden’s vaccine or test mandate for private employers is guaranteed a vote on the Senate floor. The rule was transmitted to the Senate on November 16th, setting up a Floor vote as soon as early December.
With support from all 50 Republican senators, a GOP aide told Fox News that "just one Democratic defection" would pass the disapproval resolution in the Senate.
"If this level of support holds in the House, it would force President Biden to veto a disapproval resolution for his mandate that has already been under siege in the courts and the court of public opinion," the aide told Fox News. "As President Biden tries to pass ‘transformational’ change through reconciliation with a simple majority vote, it would force him to veto a simple majority disapproval of his unconstitutional vaccine mandate for businesses."
On September 8, President Joe Biden announced vaccine mandates that extend to 80 million private sector workers and additional mandates on millions of federal workers and contractors.
To implement this mandate, OSHA issued an Emergency Temporary Standard (ETS). Employers that fail to comply will be fined $13, 653 for each offense and willful violations will result in a $136,532 penalty. This rule places unrealistic compliance burdens on employers—especially during a time where business and supply chains are already under duress. For example, 30 days after publication, all requirements other than testing for employees must be in place. In addition, 60 days after publication, all testing requirements must be in place.
The Congressional Review Act (CRA) can be used by Congress to overturn certain federal agency regulations and actions through a joint resolution of disapproval. If a CRA joint resolution of disapproval is approved by both houses of Congress and signed by the President, or if Congress successfully overrides a presidential veto, the rule at issue is invalidated.
Congressional Review Act
Joe Biden administration
Sen. Mike Braun
Republican Senate Caucus
Congressman Fred Keller (PA-12)
Emergency Temporary Standard (ETS)
federal rule making